2006 Code of Virginia § 15.2-2261 - Recorded plats or final site plans to be valid for not less than five years

15.2-2261. Recorded plats or final site plans to be valid for not less thanfive years.

A. An approved final subdivision plat which has been recorded or an approvedfinal site plan, hereinafter referred to as "recorded plat or final siteplan," shall be valid for a period of not less than five years from the dateof approval thereof or for such longer period as the local planningcommission or other agent may, at the time of approval, determine to bereasonable, taking into consideration the size and phasing of the proposeddevelopment. A site plan shall be deemed final once it has been reviewed andapproved by the locality if the only requirement remaining to be satisfied inorder to obtain a building permit is the posting of any bonds and escrows.

B. 1. Upon application of the subdivider or developer filed prior toexpiration of a recorded plat or final site plan, the local planningcommission or other agent may grant one or more extensions of such approvalfor additional periods as the commission or other agent may, at the time theextension is granted, determine to be reasonable, taking into considerationthe size and phasing of the proposed development, the laws, ordinances andregulations in effect at the time of the request for an extension.

2. If the commission or other agent denies an extension requested as providedherein and the subdivider or developer contends that such denial was notproperly based on the ordinance applicable thereto, the foregoingconsiderations for granting an extension, or was arbitrary or capricious, hemay appeal to the circuit court having jurisdiction of land subject to therecorded plat or final site plan, provided that such appeal is filed with thecircuit court within sixty days of the written denial by the commission orother agency.

C. For so long as the final site plan remains valid in accordance with theprovisions of this section, or in the case of a recorded plat for five yearsafter approval, no change or amendment to any local ordinance, map,resolution, rule, regulation, policy or plan adopted subsequent to the dateof approval of the recorded plat or final site plan shall adversely affectthe right of the subdivider or developer or his successor in interest tocommence and complete an approved development in accordance with the lawfulterms of the recorded plat or site plan unless the change or amendment isrequired to comply with state law or there has been a mistake, fraud or achange in circumstances substantially affecting the public health, safety orwelfare.

D. Application for minor modifications to recorded plats or final site plansmade during the periods of validity of such plats or plans established inaccordance with this section shall not constitute a waiver of the provisionshereof nor shall the approval of minor modifications extend the period ofvalidity of such plats or plans.

E. The provisions of this section shall be applicable to all recorded platsand final site plans valid on or after January 1, 1992. Nothing contained inthis section shall be construed to affect (i) any litigation concerning thevalidity of a site plan pending prior to January 1, 1992, or any suchlitigation nonsuited and thereafter refiled; (ii) the authority of agoverning body to impose valid conditions upon approval of any special usepermit, conditional use permit or special exception; (iii) the application toindividual lots on recorded plats or parcels of land subject to final siteplans, to the greatest extent possible, of the provisions of any localordinance adopted pursuant to the Chesapeake Bay Preservation Act (10.1-2100 et seq.); or (iv) the application to individual lots on recordedplats or parcels of land subject to final site plans of the provisions of anylocal ordinance adopted to comply with the requirements of the federal CleanWater Act, Section 402 (p.) of the Stormwater Program and regulationspromulgated thereunder by the Environmental Protection Agency.

(Code 1950, 15-789, 15-967.10; 1952, c. 333; 1962, c. 407, 15.1-475;1964, c. 498; 1975, c. 641; 1977, c. 10; 1978, c. 283; 1979, c. 111; 1980, c.73; 1986, c. 483; 1989, cc. 471, 495; 1990, c. 171; 1992, c. 843; 1993, c.846; 1996, c. 353; 1997, c. 587.)